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Draft Dog Breeding Rules (Awaiting Law Ministry approval) - Naresh Kadyan

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Draft Dog Breeding Rules (Awaiting Law Ministry approval) - Naresh Kadyan Powered By Docstoc
					           DOG BREEDING, MARKETING AND SALE RULES

                                  PREAMBLE

 Breeding, marketing and sale of dogs has come to stay as a high-level
 commercial venture in India, involving thousands of breeders and pet shops
 in a multi-crore industry. An enormous need has also emerged for lakhs of
 pups of specific breeds from prospective pet owners, most of whom are
 ignorant regarding the basics of healthcare and management of dogs. This
 has resulted in the mushrooming of unscrupulous breeders indulging in
 backyard breeding activity in the most unhygienic conditions, cruelly
 exploiting the animals for easy money; and in pet shops sourcing and selling
 pups from such breeders, which, though seemingly of pure breed, are
 actually of poor quality, and often diseased, resulting in heavy mortality, or
 weak and unhealthy animals that are ill-treated, and in many cases simply
 abandoned on the street. Not only is this compounding the street animal
 problem, this unethical trade also has high zoonotic potential which is a
 public health concern.

 There is hence an immediate need to discipline and regulate the process of
 dog breeding, marketing and sale of pups. Uniform practices and procedures
 have to be prescribed, and adhered to by those partaking in the profits derived
 from this brand of commercial activity. Consequently, the Dog Breeding,
 Marketing and Sale Rules have been formulated by virtue of the power
 conferred by Section 38 of the Prevention of Cruelty to Animals Act, 1960.


1. SHORT TITLE AND COMMENCEMENT:

(1) These rules may be called the Dog Breeding, Marketing and Sale Rules,
2010.

(2) They shall come into force on the date they are published in the
Official Gazette.


2. DEFINITIONS:

 (1) In these rules unless the context otherwise requires,
(a) “Act” means the Prevention of Cruelty to Animals Act, 1960 (59 of
1960);

(b) “Board” means the Animal Welfare Board of India, established under
section 4 of the Act and reconstituted from time to time under section
5A;

(c) “Breeder” shall include an individual or group of persons owning dogs of
specific breeds, registered with the Kennel Club of India or any other Kennel
Club, or unregistered animals whether of specific breeds or not, for breeding
and sale of dogs and pups;

(d) “Traders” shall include any individual or individuals or group of
individuals or other association of persons selling dogs and pups either from
their own breeding efforts, or acquired from other breeders through pet
shops, or acquired from other premises/establishment of any other
description, or imported for sale ;

(e) “Boarding Kennel Operators” shall include any individual or individuals
or group of individuals or other association of persons who keep pet dogs
and pups for temporary boarding in their kennels / shelters ;

(f) “Carrier” means the operator of any airline, aircraft, railroad, motor
carrier, shipping line or other enterprise which is engaged in the business of
transporting animals on hire ;

(g) “Intermediate handler” means any person engaged in any business in
which he receives custody of animals through boarding, ownership or
brokering in connection with their sale or purchase ;

(h) “Local Authority” means a panchayat, nagar palika, municipal
corporation, district board, cantonment board or any other authority for the
time being invested by law with the control and administration of any matter
within a specified local area ;

(i) “License” means a license granted under these Rules ;

(j) “Inspector” means a person appointed by the Local Authority or the
Board, and duly authorized in writing to inspect and supervise
implementation of these Rules, and ensure compliance with the same ;

Provided however that any person who is or has been a pet shop owner or
breeder, as defined in these or any other Rules or enactment for the time
being in force, or is related to a pet shop owner or breeder, shall not be
appointed as an Inspector under these Rules ;

(k) “Pet Shop” means and includes every shop, place or premises, including
shops, places, and/or premises in weekly markets, where animals for use as
pets are sold or housed, kept or exhibited for sale, or where any retail or
whole-sale business involving the selling or trading of pet animals is carried
out;

(l) “Registration certificate” means a registration certificate issued under
these Rules ;

(2) All other terms and expressions used in these Rules, shall have the
meanings assigned to them in the Act.


3. OBJECTIVES :

For the avoidance of doubt it is hereby made clear that these Rules have
been enacted with a view to :

a. Regulate the welfare of dogs kept in breeding premises/establishments,
whether described as breeding premises/establishments, or otherwise ;

b. Confer powers for inspection of such premises/establishments ;

c. Ensure the maintenance of records by such premises/establishments ; and

d. Regulate the sale of dogs and pups ; and for purposes connected therewith
or ancillary thereto.

[Note 1: In common practice, adult dogs are rarely sold. For the purpose of
these Rules, sale of pups is considered as important and relevant, and
requires as much regulation as does the sale of dogs.

Note 2: The requirements set out in these Rules shall be adhered to by
boarding kennel operators as well, unless repugnant to the context.]


4. GENERAL RULES FOR COMMERCIAL BREEDING AND SALE
OF DOGS AND PUPS :
(1) The general rules to be observed for commercial breeding and sale of
dogs and pups shall be as follows :

 (i) Dog owners keeping any female adult dog that has not been spayed, or
any male adult dog that has not been neutered, for breeding, shall obtain the
necessary license from the Local Authority for their trade/commercial
activity at the premises/establishment in question in accordance with the
relevant local/municipal law, and after payment of the fee prescribed for the
purpose.

(ii) All persons wishing to breed dogs for commercial gain shall also register
themselves with the Animal Welfare Board of India in the manner
prescribed, after payment of the fee prescribed by the Board. The
application form for registration and the charges payable for the same are
available on the web-site of the Board. The Board shall issue a registration
certificate to the breeders who register with it in the manner prescribed.

(iii) All licensees shall prominently display their licenses and registration
certificates, thereby affirming that the premises/establishment in question
has been licensed for the breeding/sale of dogs, and that they are duly
registered with the Board.

(iv) All licensed pet shops shall source/procure pups from licensed and
registered breeders only, with proof of the same being available in the shape
of adequate records. The Kennel Club of India, and other kennel clubs, shall
issue puppy registration certificates only to breeders that are licensed by the
local authority, and registered with the Board.

(v) The premises/establishments belonging to breeders, and traders, or any
other premises / establishment by whatever name called where breeding
activity is being carried out, shall be open to inspection by Inspectors
authorized by the Board or the Local Authority.

(2) In these Rules, unless outright repugnant to the context, the word ‘dog’
shall mean and include pups.

5. LICENSING BY THE LOCAL                            AUTHORITY,          AND
REGISTRATION WITH THE BOARD :
(1) An applicant under these Rules shall be at least eighteen (18) years of
age to be issued a valid license by the Local Authority, and to register
himself with the Board.

(2) License from Local Authority, and registration with the Board :- A
license from the Local Authority shall be a pre-requisite to the registration
of the applicant with the Board, for commencing/continuing breeding
activity at his premises / establishment, by whatever name called ; and the
latter shall not be granted unless the Local Authority has licensed the
premises / establishment for the purpose.

(3) Inspection by Local Authority prior to issuing License :- The Local
Authority shall issue a license to a premises/establishment intended to be
used for breeding activity under these Rules only after it arranges for the
team inspection of the premises/establishment by a veterinary surgeon
recognized by the Veterinary Council of India or the State Veterinary
Council, an officer of the Local Authority, and a representative of the
Board.

(4) Report of Inspector :- A report shall be written of an inspection
conducted at a premises/establishment under the preceding sub-rule, and
signed by all members of the inspection team referred to in the preceding
sub-rule. The Local Authority shall consider the report before determining
whether or not to grant a license to the applicant.

(5) The Local Authority shall inform the Board of their decision to grant a
license or otherwise. A copy of the report shall also be shared by the Local
Authority with the Board.

(6) Application for registration with the Board :- The applicant shall
provide all information requested on the application form, including a valid
mailing (postal) address through which the applicant can always be reached,
and a valid address for the premises/establishment where animals, facilities,
equipment and records can be inspected for compliance. Locations of all
premises/establishments, facilities or sites where the applicant operates
from, has an interest in, or keeps animals, shall be provided on the
application form or on a separate sheet attached to it. The applicant shall file
the completed application form with the Secretary of the Board.
Applications must be accompanied with the prescribed fee as required.

(7) Duration :- The license for breeding issued by the Local Authority shall
be for a one-year duration only, subject to renewal after inspection.
Likewise, the registration certificate issued by the Board shall also have to
be renewed yearly, and shall not be renewed if the license issued to the
breeder is not renewed by local authority.

(8) Conditions for Grant and Renewal of License :- The grant and
renewal of license shall be subject to and dependent upon:

a. Prescribed procedure for registration with the Board being followed,

b. Adequate record keeping and satisfactory records being maintained,

c. Identification of breeding animals by micro-chipping,

d. State of the establishment/premises including facilities /infrastructure,

e. Adequate record of staff being maintained,

f. Details of breeding operations/activity being provided,

g. General care and upkeep of the animals,

h. Health of the animals,

i. Affiliation to a Veterinary Surgeon recognized by the Veterinary Council
of India or the State Veterinary Council.

(9) Inspection :- A Local Authority or the Board may authorize in writing,
any of its officers or any veterinary surgeon to inspect any premises in its
area in respect of which a license has been granted under these Rules, and
any person so authorized may, on producing his authority if so required,
enter any such premises/establishment and inspect them and any animals
found thereon or any other thing therein, for the purpose of ascertaining
whether an offence has been or is being committed against these Rules. The
inspector shall be allowed to make copies of the records, photograph the
facilities, and the property and animals, and anything else that he considers
relevant, or capture the same on video. All premises/establishments licensed
by the Local Authority shall be inspected at least once each year, or
mandatorily upon receipt of a complaint by the Local Authority or the Board
about the misuse of any particular facility.

(10) Obstructing Inspection :- Any person who willfully obstructs or
delays any inspector in the exercise of his powers of entry or inspection
under these Rules shall be guilty of an offence under the Rules. Every
licensee shall also, upon request being made, allow one or more police
personnel or officers of other law enforcement agencies with general law
enforcement authority, to enter his/her place of business and inspect animals
and records for the purpose of tracing missing animals, provided a written
description of the missing animal and the name and address of its owner is
furnished to the licensee before the search commences. Any person
obstructing such an inspection shall also be guilty of an offence under the
Rules.

(11) Report :- All applicants for new license, or licensees seeking renewal
of license shall also make their premises/establishments, areas, facilities,
animals, equipment, vehicles and records available for inspection to the
animal welfare official designated by the Board. They shall also provide the
inspector with suitable workspace and facilities such as a room, a table and a
chair to use in examining records and for writing his report. It shall not
however be mandatory for the inspector to write the report on site.

(12) Operating without license, and without a registration certificate :-
Operation of a breeding premises/establishment, or commercial kennel or
pet shop, by a commercial breeder, or trader, or other dealer, or intermediate
handler or exhibitor, without a valid license or a valid registration certificate
shall be a violation of the Rules.

(13) Non-transferability of license, and of registration certificate :- A
license shall be issued to specific persons for specific
premises/establishment, facilities and operations, and is not transferable
upon change of ownership or any other significant change in business or
operations, nor shall it remain valid for a different location. A registration
certificate shall not be transferable either.

(14) Expiry of license :- All licenses will expire on the 31st of January every
year, and will automatically terminate at midnight on that date unless an
application for renewal, properly filled in and duly completed, along with
the prescribed fee has been received by the Local Authority. It is a
requirement of these Rules that thirty (30) days prior to the expiry date of a
license, the licensee shall file an application for renewal with the Local
Authority. A person whose license has expired shall not conduct any activity
for which a license is required, until a valid license is issued to him again.
The requirement set out in this sub-rule shall apply equally to a registration
certificate issued by the Board.
(15) Any person who seeks the reinstatement of a license that has expired, or
registration certificate that has lapsed shall follow the procedure applicable
for grant of a new license, or for issuance of a new registration certificate.


6. REFUSAL TO ISSUE OR RENEW LICENSE, AND REVOCATION
OR SUSPENSION THEREOF :

(1) The Local Authority may refuse to issue a license, or renew a license
already granted, and may revoke or suspend a license on any one or more of
the following grounds :

(i) Material and deliberate misstatement in the application for grant of
original license or for renewal of license.

(ii) Conviction for violation of any state or central law on the disposition or
treatment of animals.

(iii) Failure by the applicant to comply with any requirement mandated by,
or any of standards prescribed by the Local Authority or the Board,
including standards set out in these Rules.

(iv) Refusal to allow any inspector free and unrestricted access to the
required records, or any breeding premises/establishment, or other facility
for animals, or other area, equipment or vehicle.

(v) Payment of Fee :- Non-payment of fees will result in denial of license.
Payment of fees must be made by bank draft, cashier’s cheque or money
order. An applicant shall not receive a license until payment has cleared
normal banking procedures. A delay of up to thirty (30) days or more may
be expected if a personal out-station cheque is used for payment of fees.

(2) Rejection of Initial Application for License :-

(i) A license shall not be issued to any applicant who is not in complete
compliance with the requirements of these Rules, and the standards set out
herein, including the payment of fees.

(ii) Rejection and Appeal :- An initial applicant for license shall be allowed
a maximum of three (3) inspections and a maximum period of ninety (90)
days from the date of the first inspection within which to attain total
compliance with these Rules and the standards set out herein. If he is unable
to attain the same, grant of license to the applicant shall be denied, with the
reasons for the same set out in writing. The applicant shall however have the
right to appeal within 30 days of receipt of the letter of rejection, to the
Commissioner of the Local Authority. If he wishes to be heard, he may also
seek personal hearing from the appellate authority, i.e. the Commissioner of
the Local Authority, not later than when he first submits his appeal. After
due notice to the relevant department of the Local Authority, and after
considering the appeal and the reasons urged by both parties during the
course of the hearing, the appellate authority may either reject the appeal,
or allow the same, with the reasons for his decision set out in writing.
Provided however that if the application for license had been rejected
because the inspector/s was / were of the view that some or all of the
facilities of the applicant are such as shall be detrimental in any manner to
the welfare of the animals, it shall be incumbent upon the appellate
authority, i.e. the Commissioner of the Local Authority, to seek and consider
the opinion of the Chairperson of the Animal Welfare Board of India
regarding the issue involved, before deciding the appeal. Provided further
that if the appellate authority differs with the opinion rendered by the
Chairperson of the Animal Welfare Board of India, he shall set out the
reasons for the same in writing when deciding the appeal.

(iii) An initial applicant shall not conduct any activity for which a license is
required, until and unless the license is issued.

(iv) No partnership, firm, corporation or other legal entity in which a person,
whose application for license had been denied, or whose license is or has
been revoked, has a substantial interest, financial or otherwise, shall be
licensed under these Rules.


7. OTHER RELEVANT PROVISIONS PERTAINING TO LICENSES
:

(1) Report by Licensee seeking renewal of license :- Every licensee
seeking renewal of license shall submit an annual report along with the
application for renewal.

(2) Every licensee shall submit to both, the Local Authority and the Board,
information as to the total number of animals sold, traded, bartered,
brokered, given away, boarded or exhibited during the previous year
(January through December), and provide to the Local Authority, all other
information required on the form.
(3) In the case of a licensee owning/operating a breeding
premises/establishment expiring during the term of license, the license shall
be deemed to have been granted to his representatives in respect of those
premises, and shall remain in force until the end of a period of three months
only, beginning with the death of the original licensee,

(4) Facilities (including housing) to be provided by the Licensee, and
considered prior to grant or renewal of license for breeding :-

In determining whether to grant a license for breeding premises/
establishments for dogs to an applicant for the same, the Local Authority
shall in particular (but without prejudice to their discretion to withhold a
license on these grounds) have regard to the need for securing the following
:

a. Suitable kennels/accommodation :- That the dogs will at all times be
kept in kennels/ accommodation suitable in all respects, and conforming to
the requirements of these Rules, in terms of construction, size, number of
dogs, exercising facilities, proper temperature, lighting, ventilation and
cleanliness.

b. Adequate housing :- That adequate housing is available / will be
provided. Adequate housing means continuous provision of a sanitary
facility, protection from the extremes of weather conditions, proper
ventilation and appropriate space. All housing shall be made of impervious
materials that can be sanitized. (Wood is not acceptable for this purpose.)

c. Indoor housing facility :- That the indoor housing facility at the
premises/establishment is as prescribed. Indoor housing facility means any
structure or building with environmental controls, housing or intended to
house animals, and meeting the following requirements:-

      i) It may consist of runs or pens totally enclosed in a barn or building,
or of connecting inside/outside runs or pens within a totally enclosed
building.

      ii) It shall be capable of controlling the temperature within the
building or structure within the limits set forth for that species and age of
animal, of maintaining humidity levels, and of rapidly eliminating odors
from within the building.
      iii) It shall have an impervious floor. Impervious surface means a
surface that does not permit the absorption of fluids.

       iv) It shall be an enclosure created by the continuous connection of a
roof, floor and walls.

       v) It shall have at least one (1) door for entry and exit that can be
opened and closed. Any windows or openings which provide natural light
shall be covered with a transparent material such as glass or hard plastic.

d. Care and upkeep of dogs : - That the dogs are being / shall be supplied
with adequate quantity of suitable food, adequate water and bedding
material, adequately exercised, and visited at suitable intervals. For the
removal of doubts it is clarified that :

       i) Adequate quantity (of suitable food) means the provision, at
suitable intervals of not more than eight (8) hours, of a quantity of
wholesome food suitable for that species and age, and enough to maintain a
reasonable level of nutrition in each animal. All food shall be served in a
safe receptacle, dish or container.

      ii) Adequate water means the provision of a supply of fresh, clean
drinking water in a safe receptacle, dish or container. Water shall be
available at all times.

      iii) A fenced area for adequate exercise is available, or provision for
exercising the animal on a leash exists.


8. GENERAL REQUIREMENTS TO BE ADHERED TO BY
BREEDERS :

(1) The following requirements shall be adhered to and met by every
breeder of dogs :-

a. The breeder shall be knowledgeable about reproduction, nutrition,
wellness and care, early behavioral development, and breeding ethics.

b. Only normal, healthy, mature female dogs that have reached their 18th
month shall be bred. They shall be certified as healthy by a licensed
veterinarian at least ten (10) days prior to their being bred.
c. No female dog shall be exploited to produce litters in two (2) consecutive
breeding seasons. Female dogs shall not be used such that they give birth to
puppies before the end of the period of twelve months beginning with the
day on which they last give birth to puppies. Only one litter shall be
produced in one year.

d. No female dog shall be exploited to give birth to more than five (5) litters
of puppies during her lifespan.

e. No male dog shall be used for breeding unless he is a healthy, mature dog,
and only after he has reached his 18th month. He shall be certified as healthy
by a licensed veterinarian at least ten (10) days prior to his being mated.

(2) Common Breeding Techniques :-

a. Breeders are known to utilize four common breeding techniques, i.e. Out
breeding; ii) Line breeding; iii) In breeding; and iv) Incest breeding.

b. Out of these, the following two are ALLOWED, and accepted under these
Rules :

i) Out breeding: The mating of dogs, which are not at all related to one
another.
ii) Line breeding: Mating between dogs that are marginally related to each
other. In this case dogs are chosen for their special attributes to obtain
certain types.

c. The following two techniques are NOT ALLOWED, and not accepted
under these Rules :

i) In breeding: Mating between dogs that are related. That means that at least
one ancestor of either is present on the side of both sire and dam. Inbreeding
is breeding between relatives of the 2nd to 4th grade in straight or side line
within the first four generations e.g. uncle to niece, nephew to aunt, cousin
to cousin, grandparents to grandchildren. This is strictly forbidden.
ii) Incest breeding: Mating between parents and children or between brother
and sister, i.e. 1st grade relatives. This is strictly forbidden.

Incest breeding as well as continued inbreeding and line breeding is risky,
since it increases the danger of hereditary diseases.

(3) Female dogs shall not be mated after the age of 8 years.
(4) All breeders shall furnish the proof of age of their breeding female dogs
(by a licensed veterinarian).

(5) All breeders shall keep a full record of the litter that the male dog or
female dog has previously produced and other relevant details of the litter.

(6) Breeding female dogs shall be up-to-date with their vaccination boosters
and de-worming prior to mating.

(7) There shall be no tail docking, ear cropping or any other kind of
mutilation of the puppy. Any change of appearance by artificial means is
strictly forbidden.


9. ‘HEALTH’ RELATED REQUIREMENTS TO BE ADHERED TO
BY BREEDERS :

(1) Dogs shall be kept in a clean, healthy and safe environment. They shall
be provided with all socialization opportunities, vaccinations, and de-
worming necessary to provide maximum mental and physical well-being.

(2) Attending Veterinarian and Adequate Veterinary Care :-

a. Proper veterinary care shall be available. Every breeder shall have the
services of a consultant veterinarian available to attend to emergency
medical requirements if the premises/establishment has more than six (6)
breeding dogs. Records shall be kept of his/their visits.

b. The consultant veterinarian shall visit the premises/establishment of the
licensee periodically, at regular intervals.

c. Individual health records shall be maintained of all animals above the age
of eight (8) weeks, or that have been weaned, or that have been treated with
a medical procedure, whichever occurs first. Litter health records may be
kept on litters when litter-mates are treated with the same medication or
procedure. Health records (or a copy) should accompany all animals upon
transfer of ownership.

d. Daily observation of all animals to assess their health and well-being is
required. However, daily observation of animals may be accomplished by a
para vet, provided that a mechanism of direct and frequent communication is
established so that timely and accurate information on problems of animal
health, behavior and well-being is conveyed to the consultant/attending
veterinarian.

e. Adequate training and guidance to personnel involved in the care of
animals, including daily observation of animals, is required. The employer
shall employ only those persons that can perform at the level required by
these rules.

f. If the veterinarian finds, either during the course of a visit to the
premises/establishment, or upon his attention being invited to the same by
the Local Authority or the Board, that an animal or group of animals from a
breeding kennel is/are suffering from contagious, communicable or
infectious disease/s or exposure to any disease/s, a quarantine to that
premises/establishment may be issued by the veterinarian until the animals
are

i) recovered and no longer capable of transmitting the disease; or
ii) isolated; or
iii) humanely euthanized and properly disposed off; or
iv) tested, vaccinated or otherwise treated.

g. A quarantine issued by the veterinarian shall remain in effect until
released in writing by the veterinarian. Information regarding such a
quarantine having been issued shall mandatorily be provided by the
veterinarian to the Animal Husbandry department of the state government,
the Local Authority and the Board, in writing.

h. All puppies shall be vaccinated. Puppy vaccinations can start at 7-8 weeks
of age, and are usually completed at 18 weeks.

i. The dogs shall have been tested for genetic defects such as (but not limited
to) hip dysplasia, progressive retinal atrophy, night blindness,
hypothyroidism, entropion, ectropion, overshot, undershot jaw (when
incisors do not touch or mesh), wry mouth, two or more missing teeth,
unilateral cryptorchid or full cryptorchid males.

(5) Euthanasia :-

All euthanasia of mortally wounded or injured animals or incurably sick or
terminally ill animals shall be accomplished by a veterinarian registered with
the Veterinary Council of India, in a manner and through a method approved
by the Veterinary Council of India / the Board. Records shall be maintained
of all animals euthanized.


10. HOUSING FACILITIES, AND MANNER OF HOUSING DOGS :

(1) Structure and Construction :- Housing facilities for dogs shall be
structurally sound, and shall adhere to the requirements set out at Rule 7(4)
of these Rules. They shall be kept in good repair, contain the animals
securely and restrict other animals from entering.

(2) Animal areas inside of housing facilities shall be kept neat and free of
clutter, including equipment, furniture and stored material, but may contain
materials actually used and necessary for cleaning the area, and fixtures or
equipment necessary for proper husbandry practices. Housing facilities shall
be physically separated from any other business.

(3) All surfaces in housing facilities, and all other construction shall be such
as allow them to be readily cleaned and sanitized, or removed or replaced
when worn or soiled. There shall be no jagged edges or sharp points that
may injure the animals. The ceilings of indoor housing facilities shall be
impervious to moisture.

(4) Storage Facilities :- Supplies of food and bedding shall be stored
outside the animal area and in a manner that protects the supplies from
spoilage. The supplies shall be stored off the floor and away from the walls,
to allow cleaning underneath and around any supplies. Foods requiring
refrigeration must be stored accordingly, and all food must be stored in a
manner that prevents contamination and deterioration of its nutritive value.
All open supplies of food and bedding must be kept in leak-proof containers
with tightly fitting lids to prevent contamination and spoilage. Only food and
bedding that is currently being used may be kept in the animal areas.

(5) Cleaning :- Hard surfaces with which the dogs come in contact shall be
spot-cleaned daily and sanitized, There shall be no accumulation of excreta,
and floors made of sand, gravel, grass or other similar material shall be
raked or spot-cleaned with sufficient frequency to ensure all animals the
freedom to avoid contact with excreta.

(6) Drainage and Waste Disposal :- Regular waste disposal, removal and
disposal of animal and food waste, discarded bedding, debris, garbage,
water, other fluids and wastes, shall be provided for. Housing facilities shall
be equipped with disposal facilities and drainage systems that ensure rapid
elimination of animal waste and water. If closed drainage systems are used
they shall be equipped with traps that prevent the backflow of gases sewage
onto the floor. Standing puddles of water in animal enclosures and adjacent
areas shall be drained or mopped up so that the animals stay dry. Trash
containers in housing facilities, food storage and food preparation areas shall
be leak-proof and possessed of tightly fitted lids at all times.

(7) Water and Electricity :- The housing facility shall have reliable and
adequate electricity supply, and adequate potable running water for the
animals’ drinking needs, for cleaning, and for carrying out other husbandry
requirements.

(8) Ambient and comfortable temperature :- The temperature within
indoor housing facilities for animals shall be ambient and comfortable,
depending on the breeds of dogs that are housed insides. The temperature
shall be such as provides for their health and well-being.

(9) Ventilation :- Adequate ventilation at indoor housing facilities
containing dogs shall be ensured by means of windows, doors, vents or air
conditioning. The air shall be circulated by fans, blowers or air conditioning
so as to minimize drafts, odors and moisture condensation.

(10) Lighting :- Indoor housing facilities for animals shall be well-lit
enough to permit routine inspection, cleaning of the facility and observation
of the animals. Primary enclosures shall be placed so as to protect the
animals from excessive light.

(11) Chemicals :- Chemicals used for normal husbandry practices, cleaning,
disinfecting, and the like, that may be toxic to the animals shall not be stored
in food storage or food preparation areas, but may be stored in adjacent
rooms or in secure cabinets in the animal areas. All chemicals shall be
clearly labeled.

(12) Medicine :- All medication must be stored in clean, dust restricting
cabinets with well-fitting doors or other suitable containers with well-fitting
lids. All medication must be clearly marked, or labeled. Manufactures’
labels, including expiration date, shall not be removed or defaced.
Medication such as dips, and rinses and those marked for external use only
may be stored in the same cabinet but shall be physically separated from
other medication.
(13) Fire Detection and Extinguishers :- All indoor housing facilities and
the indoor portion of sheltered housing facilities shall be equipped with
properly maintained smoke or heat detection devices and extinguishers.

(14) Outdoor Housing Facilities :-

a. Restrictions :- The following categories of dogs/pups shall not be kept in
outdoor facilities, unless that practice is specifically approved by the
attending veterinarian in writing :

(i) Dogs that are not accustomed to the temperatures prevalent in the area or
region in question ;
(ii) Dog breeds that cannot tolerate the temperatures prevalent in the area or
region in question, such as long-haired breeds in high temperature locations ;
and
(iii) Sick, infirm, aged or young animals.

b. Outdoor facilities for dogs shall include one or more structures with roofs,
i.e. one or more shelters that are accessible to each animal in each outdoor
facility, and that are large enough to allow each animal within the structure
to sit, stand and lie down in a normal manner, and to turn about freely. In
addition to the same, one or more separate outside areas of shade shall be
provided, large enough to contain all the animals at once and protect them
from the direct rays of the sun. Shelters in outdoor facilities for animals shall
contain a roof, four sides and a floor, and shall :

(i) Provide the animals with adequate protection and shelter from heat and
cold; and
(ii) Provide the animals with protection from the direct rays of the sun and
the direct effect of wind, rain, snow or other precipitation.

The requirements provided for in sub-rules (1) to (13) shall apply equally to
outdoor housing facilities.

(15) Primary Enclosures :- Primary enclosures for animals shall meet the
following minimum requirements:

a. Primary enclosures shall be constructed of suitable material and shall be
structurally sound.

b. They shall be kept in good repair.
c. They shall have no sharp points or edges that can injure the animals;

d. They shall be such as contain the animals securely, and keep other
animals from entering the enclosure;

e. Enable the animals to remain dry and clean ;

f. Provide shelter and protection from extreme temperatures and weather
conditions that may be uncomfortable for or hazardous to the animals;

g. Provide sufficient shade to shelter all the animals housed in the primary
enclosure at one time ;

Provide all the animals with easy and convenient access to clean food and
water ;

h. Enable all surfaces that come in contact with the animals to be readily
cleaned and sanitized, or replaced when worn or soiled ;

i. Have floors that are constructed in a manner that protects the animal’s feet
and legs from injury ;

j. Provide sufficient space to allow each animal to turn about freely, to stand,
sit and lie down in a comfortable, normal position, and to walk in a normal
manner;

k. Each dog housed in a primary enclosure (including weaned puppies) shall
be provided a minimum amount of floor space, calculated as follows: The
mathematical square of the sum of the length of the dog in inches (measured
from the tip of its nose to the base of its tail), plus six (6) inches, divided by
one hundred and forty-four (144).

l. Each female dog with nursing puppies shall be provided with an additional
amount of floor space, based on her breed and behavioral characteristics, and
in accordance with generally accepted husbandry practices as determined by
the attending veterinarian.

m. The interior height of a primary enclosure shall be at least six (6) inches
higher than the head of the tallest dog in the enclosure when it is in a normal
standing position.
(16) Cages or crates used to contain animals for short periods of time shall
be large enough to permit the animal to stand, sit, lie and turn around in a
normal manner. Dogs shall not be caged except at night when the caregiver
retires, or when necessary for medical reasons.

(17) Dogs on Tethers :-

a. Dogs may be kept on tethers only in outside housing facilities that meet
the requirements of this rule, and only when the tether meets the
requirements of this paragraph. The tether shall be attached to the front of
the dog’s shelter structure or to a post in front of the shelter structure and
shall be at least three (3) times the length of the dog, as measured from the
tip of its nose to the base of its tail. The tether shall allow the dog convenient
access to the shelter structure, and to food and water containers. The tether
shall be of the type and strength commonly used for the size of dog
involved, and shall be attached to the dog by a well-fitted collar that does not
cause trauma or injury to the dog. Collars made of materials such as wire,
flat chains, or chains with sharp edges, or chains with rusty or non-uniform
links, are prohibited. The tether shall be attached such that the dog is not in
danger of becoming entangled with other objects or coming into physical
contact with other dogs in the outside housing facility, and such that the dog
is able to roam to the full range of the tether.

b. A perimeter fence that is of sufficient height to keep unwanted animals
out shall enclose the dog housing area where dogs are on tethers. The fence
shall be constructed such that it protects the dogs by preventing other dogs
of equal or greater size from going through it or under it, or even above it,
and coming into contact with the dogs inside.

(18) Compatibility :-

a. All dogs housed in the same primary enclosure shall be compatible, as
determined by observation. Not more than twelve (12) adult dogs shall be
housed in the same primary enclosure. Female dogs in heat shall not be
housed in the same primary enclosure with sexually mature males, except
for breeding. Except when maintained in breeding colonies, female dogs
with litters shall not be housed in the same primary enclosure with other
adult dogs, and puppies less than four (4) months of age shall not be housed
in the same primary enclosure with adult dogs other than their dam or foster
dam. Dogs with a vicious or aggressive disposition shall be housed
separately from other dogs.
b. Dogs that have or are suspected of having a contagious disease shall be
isolated from healthy animals. When an entire group or room of animals is
known to have or believed to be exposed to an infectious or contagious
agent, the group may be kept intact during the process of diagnosis,
treatment and control.

(19) Exercise for Dogs and Socializing :- Commercial kennels, commercial
breeders, traders, other dealers, and exhibitors shall develop, document and
follow an appropriate plan to provide dogs with an opportunity for exercise.
The plan shall be approved and signed by the licensee and the attending
veterinarian, and include written standard procedures to be followed in
providing the opportunity for exercise. The plan shall also be made available
to the state veterinarian or his/her designated representative upon request. It
shall, at a minimum, comply with each of the following:

a. Dogs housed individually:- Dogs over twelve (12) weeks of age, except
female dogs with litters, housed, held or maintained by any animal shelter,
boarding kennel, commercial kennel, commercial breeder, trader, other
dealer, exhibitor, or other licensee shall be provided the opportunity for
exercise regularly.

b. The frequency, method and duration of the opportunity for exercise shall
be determined by the consultant/attending veterinarian.

c. Licensees, in developing their plan, shall consider providing positive
physical contact with humans that encourages exercise through play or other
similar activities. If a dog is housed, held or maintained at a facility without
sensory contact with another dog, it shall be provided with positive physical
contact with humans at least once daily.

d. The opportunity for exercise may be provided in a number of ways, such
as,

(i) Group housing in cages, pens or runs that provide at least one hundred
percent (100%) of the required space for each dog if maintained separately
under the minimum floor space requirements of this rule;

(ii) Providing access to a run or open area at the frequency and duration
prescribed by the attending veterinarian;

(iii) Adequate exercise either in a fenced area or on a leash with a person on
the other end;
(iv) Exercising for at least 30 minutes twice per day;

(v) Socializing with people at suitable intervals equaling at least three (3)
hours per day for adult and five (5) hours per day for puppies less than four
months of age;

(vi) Other similar activities.

e. Establishments shall keep checklists documenting the name of the
caretakers who complete these tasks, and the time at which each does so.
Checklists shall be made available to the Local Authority and the Board
during inspections, or when demanded.

f. Forced exercise methods or devices such as swimming, treadmills or
carousel-type devices shall not be resorted to or used.

g. Exemption :- If, in the opinion of the attending veterinarian, it is
inappropriate for certain dogs to exercise because of their health, condition
or well-being, the licensee may be exempted from meeting the requirements
of this section for those specific dogs only. This exemption shall be
documented by the attending veterinarian, and unless the basis for
exemption is a permanent condition, shall be reviewed and signed at least
every thirty (30) days by the attending veterinarian.

(20) Feeding :-

a. Animals shall be fed as per prescribed standards. The food shall be
uncontaminated, wholesome, palatable and of sufficient quantity and
nutritive value to maintain the normal condition and weight of the animal.
The diet shall be appropriate for the individual animal’s age and condition.

b. Food receptacles used for animals shall be readily accessible to all
animals and shall be located so as to minimize contamination by excreta and
be protected from the rain. Feeding pans shall be made of a durable material
that can easily be cleaned and sanitized. They shall be kept clean.

(21) Water :- Potable water shall be continually available to the animals to
ensure their health and well-being. Water receptacles shall be kept clean and
sanitized before being used to water a different animal or social grouping of
animals.
(22) Cleaning, Sanitization, and Housekeeping :-

a. Cleaning of Primary Enclosures :- Excreta and food waste shall be
removed from primary enclosures daily, and from under primary enclosures
as often as necessary, to prevent an excessive accumulation of feces and
food waste, to prevent soiling of the animals contained in the primary
enclosures, and to reduce disease hazards, insects, and odors. When water is
used to clean the primary enclosure, whether by hosing, flushing or other
methods, animals shall be removed unless the enclosure is large enough to
ensure that the animals will not be harmed, wetted or distressed in the
process. Standing water shall be removed from the primary enclosure and
adjacent areas. Animals in other primary enclosures shall be protected from
being contaminated with water and other wastes during the cleaning.

b. Hard surfaces of primary enclosures and food and water receptacles shall
be cleaned and sanitized, by washing them with appropriate detergent
solutions and application of disinfectants.

c. Pens, runs and outdoor housing areas using material that cannot be
cleaned and sanitized using the method previously stated, such as gravel,
sand, grass, earth or absorbent bedding, shall be cleaned and sanitized by
removing the contaminated material as necessary to prevent odors, disease
hazards, and insects.

(23) Housekeeping for Premises :- Premises/establishments where housing
facilities are located, including buildings and surrounding grounds, shall be
kept clean and in good repair, and free of accumulations of trash, junk, waste
products and discarded matter. Weeds, grasses and bushes shall be
controlled so as to facilitate cleaning of the facility, control/prevent fleas and
ticks, and protect the health and well-being of the animals. Regular de-
ticking shall be practiced at the time of grooming.

(24) Annual Vaccination of Dogs :- The dogs at every breeding
premises/establishment shall be annually vaccinated against rabies (and
preferably against canine distemper, parvo-virus, leptospirosis and viral
hepatitis).

(25) Employees :- Every breeder/pet shop/boarding kennel shall have
enough employees to carry out the level of husbandry practices and care
required by this rule. The employees who provide for husbandry and care or
handle animals shall be properly trained, and supervised by an individual
who has the requisite degree of knowledge, background and experience in
proper husbandry and care of dogs to be able to do so.


11. TRANSPORTATION OF ANIMALS, DOS AND DONTS :

This rule applies to the movement of a dog to or from a primary conveyance
or terminal facility, and within a primary conveyance or terminal facility.
The primary responsibility of ensuring adherence to these requirements shall
be that of the licensee/breeder.

(1) One copy of the health record shall accompany each shipment of any dog
sold or otherwise disposed off by a commercial breeder, or shipped
interstate. The health record shall contain observations, and list out
medication and treatments given.

(2) The name and complete mailing address of the person to whom the
animal was sold or handed over for transportation shall be retained by the
licensee/breeder.

(3) The vehicle license number and state, and the driving license number of
the person delivering the animal shall be retained.

(4) A complete description of the animal, including breed or type, age, sex,
color, approximate weight and distinctive markings shall be recorded.

(5) No commercial breeder, trader, other dealer, exhibitor, or pet shop shall
deliver to any intermediate handler or carrier for transportation in interstate
commerce, or shall transport in commerce any dog, unless the dog is
accompanied by a certificate of fitness executed and issued by a licensed
veterinarian.

(6) In connection with all live dogs delivered for transportation in commerce
to any carrier or intermediate handler, by any commercial breeder, trader,
other dealer, exhibitor, or pet shop, the accepting carrier or intermediate
handler shall ask for and maintain a copy of the certificate of fitness
tendered with each live animal.

(7) The health certificate shall state that :
a. The licensed veterinarian inspected the dog on a specified date, which
shall not be more than 72 hours prior to the delivery of the dog for
transportation; and

b. When so inspected, the dog appeared to the licensed veterinarian to be
free of any infectious disease or physical abnormality which would endanger
the dog itself, or other animal(s) travelling with it, or otherwise endanger
public health.

(8) The shipper’s statement shall specify the date of shipment, name,
address, phone number and license numbers of the consignor and consignee
of the shipment, specify species and list each animal in the shipment by its
individual number, breed or type, age, sex, color, approximate weight and
distinctive markings, and vaccination history.

(9) The licensee/breeder shall ensure that the carrier or intermediate handler
holds feeds and takes care of the animal/s accepted for transportation in
commerce until the consignee accepts shipment at destination; or until the
shipment is returned to the consignor if the consignee fails to accept delivery
of the animal/s.

(10) Minimum Age Requirements :- No dog shall be delivered by any
breeder or any other person to any carrier or intermediate handler for
transportation in commerce, or shall be transported in commerce by any
person unless that dog is at least eight (8) weeks of age, and has been
weaned.

(11) Food and Water :-

a. The consignor shall certify that each dog was offered food and potable
water within the two (2) hours preceding the delivery of the dog to a carrier
or intermediate handler for transportation in commerce, and certify the date
on and time at which the food and potable water was offered.

b. He shall also securely attach to the outside of the primary enclosure/ cage/
portable kennel used for transporting the dog, written instructions for in-
transit food and water requirements for a twenty-four (24) hour period for
the dog/s contained in the enclosure/cage/kennel. The instructions shall be
attached in a manner that makes them easily noticed and read.

c. Food and water receptacles shall be securely attached inside the primary
enclosure and placed so that the receptacles can be filled from outside the
enclosure without opening the door. Food and water containers shall be
designed, constructed and installed such that a dog cannot leave the primary
enclosure through the food or water opening.

(12) Care in Transit :-

a. Any person transporting dogs in commerce shall ensure that the operator
of the conveyance or a person accompanying the operator observes the dogs
as often as circumstances allow, but not less than once every four (4) hours,
to make sure they have sufficient air for normal breathing, that the
temperature is ambient and comfortable, and that all applicable
transportation standards are being complied with. It shall be the
responsibility of the person transporting the dogs in commerce to determine
whether any of the dogs are in physical distress, and obtain the veterinary
care that may be needed at the closest available veterinary facility.

b. Air transportation :- During air transportation of dogs it shall be the
responsibility of the carrier to observe the dogs as frequently as
circumstances allow, but not less than once every four(4) hours, if the
animal cargo area is accessible during flight. If the animal cargo area is not
accessible during flight, the carrier shall observe the dogs whenever they are
loaded and unloaded, and whenever the animal cargo space is otherwise
accessible, to make sure they have sufficient air for normal breathing, that
the temperature is ambient and comfortable, and that all applicable
transportation standards are being complied with. It shall also be the
responsibility of the carrier to determine whether any of the dogs are in
physical distress, and obtain the veterinary care that may be needed at the
closest available veterinary facility. The consignor shall demand that the
carrier strictly observes these requirements. It is also a mandatory
requirement of these Rules that an animal shall not be delivered to a carrier
for transportation by air unless accompanied by a certificate of fitness from a
licensed veterinarian affirming that it is fit to travel by air.

c. If a dog is obviously ill, injured or in physical distress, it shall not be
transported, except to receive veterinary care for the condition. A certificate
issued by the consultant/attending veterinarian stating that the dog is being
transported for receiving veterinary care shall accompany the animal.

d. Except during the cleaning of primary enclosures during transportation in
commerce, a dog shall not be removed from its primary enclosure, unless it
is placed in another primary enclosure or facility that meets the requirements
of these Rules.
e. The consignor shall insist and ensure that the transportation standards set
out in these Rules shall be complied with until a consignee takes physical
delivery of the dog if the animal is consigned for transportation, or until the
animal is returned to the consignor.

f. Terminal Facilities :-

(i) It shall be the responsibility of the consignor to ensure that shipments of
dogs are not mixed with inanimate cargo in animal holding areas of terminal
facilities.

(ii) The consignor shall demand, and ensure that all animal holding areas of
terminal facilities are cleaned and sanitized in a manner that precludes
accumulation of debris or excreta.

(iii) Ventilation :- The consignor shall demand, and ensure adequate
ventilation in any animal holding area in a terminal facility containing dogs,
by means of windows, doors, vents or air conditioning. The air shall be
circulated by fans, blowers or air conditioning so as to minimize drafts,
odors and moisture condensation.

(iv) Temperature :- The consignor shall demand, and ensure ambient and
comfortable temperature within the animal holding area.

(v) Shelter :- Live animals held in any animal holding area of a terminal
facility shall be provided shelter from sunlight and extreme heat, rain or
snow.

(vi) Any person who moves (including loading and unloading) dogs within,
to or from the animal holding area of a terminal facility or a primary
conveyance shall do so as quickly and efficiently as possible.

g. Any person handling a primary enclosure containing a dog shall use care
and shall avoid causing physical harm or distress to the dog. A primary
enclosure containing a dog shall not be tossed, dropped or needlessly tilted,
and shall not be stacked in a manner that may reasonably be expected to
result in its falling.


12. IDENTIFICATION OF ANIMALS :
(1) All licensees shall identify all dogs held on the premises,
bought/purchased, raised, otherwise received/acquired, boarded, sheltered,
sold, released, donated or otherwise disposed off or removed from the
premises for any reason to or through any person, by one (1) or more of the
following methods:

a. By an official tag affixed to the animal’s neck by means of a collar made
of a material generally considered acceptable to pet owners. The use of
materials such as wire, elastic or any other material which may cause
discomfort to the animal shall not be made. Identification of all breeding
stock, and of pups over 3 months, shall be carried out through micro-
chipping by a licensed veterinarian only.

b. Tags shall be sequentially numbered, used in a sequential order, and shall
be referenced to record(s) which completely and accurately identify the
source of the animal, all medical treatment or procedures that it may have
been subjected to, and the disposition of the animal. Likewise, micro-chips
shall also be allotted sequential numbers for the same purpose. A record of
the number, and micro-chip number, used to identify the animal shall
accompany the animal on sale/disposal.

(2) Commercial kennels shall use distinctive cards. Cards shall be placed in
an area that will prevent animals, water or cleaning solutions from coming
into contact with or damaging the cards. Cards shall also provide a brief
description of the animal including name, breed or type, age, sex, colour and
any distinctive markings. Cage cards must also specify any medication with
directions for administering, any special needs or instructions and
emergency instructions, stating the veterinarian of choice and the telephone
number. All of the information listed in this paragraph shall be accessible
by, and immediately available to the animal caretaker and inspector if
required.


13. CONDITIONS FOR SALE :

(1) The Registration Certificate issued by the Kennel Club of India / other
kennel club, with details such as breed of the animal, its standard, and other
relevant information mentioned thereupon, shall be issued during sales under
these Rules.
(2) The breeder shall furnish to the buyer in writing, details of feeding, dates
of inoculations and de-worming of the puppy and the name and address of
the licensed veterinarian who has examined the puppy.

(3) All breeders shall screen prospective buyers to ascertain their potential to
properly take care for the breed, especially if it is a large one; and to
ascertain whether they shall be able to provide the requisite training, and
attend to grooming, socializing, veterinary expenses, equipments needs,
spatial needs, and exercise requirements.

(4) The breeder shall either singly or in litter lots, consign, donate or sell
dogs to commercial dog wholesalers, franchised commercial facilities, or pet
shops licensed by the Board.

(5) All pups sold shall be in good health and condition, have had the
required medical inoculations, shall be free from communicable diseases,
and of minimum eight (8) weeks of age. No adult dog or puppy shall be sold
without adequate disease protection irrespective of its age.

(6) The breeder shall keep track of all puppies produced and sold, whether
pet or for show, to track how the breeding program is working. The buyer of
the pup / dog shall be liable to furnish information with regard to health
problems, physical abnormalities or death of the animal on yearly basis. (It
shall be the responsibility of the breeder to obtain the said information, and
for the purpose he shall incorporate these terms into the document of sale.)

(7) Puppies shall not be displayed in public places for the purpose of
immediate sale.

(8) A breeder shall not breed a litter unless he has pre-screened candidates
on a waiting list for the puppies.

(9) Dogs over 6 (six) months of age shall not be sold without first being
sterilized, unless they are being sold to another licensed breeding premises/
establishment.

(10). Dogs and pups cannot and shall not be sold for use in experiments.


14. RECORDS :
(1) Accurate records pertaining to resident animals, animals for breeding,
animals for sale, and all other records mentioned in these Rules shall be
maintained by breeders at the premises/establishments for breeding, and
made available for inspection to any officer of the Local Authority or Board,
or any veterinary practitioner or any person authorized by the Local
Authority or the Board to inspect the premises.


(2) Accurate records shall be retained of individual dogs and female dogs,
stud service contracts, pedigrees, all litters of puppies for sale, and all
dogs/puppies sold.

(3) The following information regarding each dog/female dog shall be kept:

a. Breed,
b. Registered name and number (or litter number if not registered),
c. Micro-chip number,
d. Sex, colour and markings,
e. Date of birth,
f. Name or numbers of sire and dam,
g. Name of breeder,
h. Name and address of person from whom directly acquired,
i. Date of acquisition,
j. Date and duration of lease, if any.

(4) The owner of a dog/female dog, which is bred/mated, shall record:

a. Date and place of mating,
b. Names of persons handling the mating,
c. Registered name and number of the dog, including micro-chip number, to
which mated,
d. Name and address of its owner.

(5) The owner of a litter shall record:

a. Date of whelping,
b. Number of puppies whelped, by sex, colour and markings,
c. Litter registration number if any,
d. Date of sale, gift or death of each puppy so described,
e. Name and address of person acquiring each puppy so described,
f. Kinds of papers and date on which supplied,
g. Registered name and number of each puppy registered by the Kennel Club
of India, or any other Kennel Club,
h. Cause of death as determined by a veterinary doctor of all animals who
die in the premises/establishment.

(6) All breeders shall use clear and concise contracts to document sales,
lease arrangements, spaying/neutering contracts, and all other contracts
pertaining to the animals at their premises/establishments.


15. OTHER RECORDS TO BE MAINTAINED BY COMMERCIAL
BREEDERS :

(1) Every commercial breeder, trader, other dealer, intermediate handler, and
exhibitor shall create, keep and maintain records or forms which fully and
correctly disclose the following information pertaining to each dog
purchased or otherwise received/acquired, owned, held or otherwise in his
possession or under his control, which is sold or otherwise disposed off,
transported, euthanized, or dealt with in any other manner by the licensee.
The records shall include:

i. Details regarding any offspring born of any animal while in his possession
or under his control.

ii. The name and complete mailing address of the person from whom a dog
was purchased or otherwise received/acquired.

iii. The name and complete mailing address of the person to whom a dog
was sold, given or delivered.

iv. The date a dog was received/acquired or disposed off, or both, and the
method of disposal, including by death or euthanasia.

v. The official tag number assigned to a dog, and the micro-chip number
allotted to it.

vi. Individual medical records shall be maintained of all animals
purchased/bought, raised, or otherwise received/acquired, held, kept,
maintained, sold, donated or otherwise disposed off, including by death or
euthanasia. These records shall also specify all treatments and medication
given and all procedures performed on the animals, and include reasons for
or the condition requiring the treatment, medication or procedure. The
results of the treatment, medication or procedure shall be included in this
record. Litter health records may be kept on litters when all litter mates are
treated with same medication or procedure. Medical records (or a copy) shall
accompany the animal when sold.

(2) All records shall be maintained for a period of one (1) year, unless the
Board requests in writing that they be maintained for a longer period, for the
purpose of investigation.


16. PERSONS/ORGANIZATIONS WHOSE LICENSES HAVE BEEN
SUSPENDED OR REVOKED :

(1) Any person who has been an officer, agent, family member or employee
of a licensee whose license has been suspended or revoked and who was
responsible for or participated in the breach or violation consequent to which
the license was suspended or revoked shall not be granted a license to
operate a breeding premises/establishment within the same period during
which the suspension or revocation is in effect.

(2) Any premises/establishment that is/was owned or operated by a licensee,
the license granted to whom has been suspended or revoked shall not be
used for licensed activity.

(3) Any person whose license has been suspended or revoked for any reason
shall not be licensed under his/her name, or in any other manner within the
period during which the suspension or revocation is in effect. No
partnership, firm, corporation or other legal entity in which any such person
has substantial interest, financial or otherwise, shall be licensed during that
period.

(4) Any person whose license has been suspended or revoked shall not buy,
sell, trade, barter, broker, transport, board, exhibit or deliver for
transportation, any animal during the period of license suspension or
revocation.


17. PENALTIES :

(1) Penalty and Appeal :- The penalty for an established breach or violation
of license conditions, or the requirements set out in Rules 8, 9 and 10,
mandatorily to be adhered to by breeders/licensees, shall be the revocation
of license, and permanent disqualification from owing/operating such a
premises/ establishment. Closure of the existing premises/establishment, if
any, shall also follow, as shall fine and/or imprisonment, if warranted under
any law dealing with cruelty to, or mistreatment of animals. Moreover, an
established breach or violation of license conditions shall also disqualify the
offender from having or keeping in his custody, any dog of the description
specified in the order.

      Provided that a breach or violation of license conditions, or the
requirements set out in Rules 8, 9 and 10 shall be established on the basis of
an inspection, conducted by an inspector appointed either by the Board or
the Local Authority, either upon receipt of a complaint or otherwise.

       Provided further that prior to effecting any revocation of license, or any
disqualification or closure referred to hereinabove, a notice shall be issued to
the licensee/breeder by the authority that conducted the inspection, with a
copy marked to the other (i.e. a copy marked by the Local Authority to the
Board, and vice-versa), to show cause within 15 days after receipt of the
same, as to why penal consequences ought not to follow. If the response
received from the licensee/breeder is found to be dissatisfactory, or if no
response is received, the license issued to him/her shall be revoked, and the
disqualification and closure referred to hereinabove shall take effect, after
communication of reasons for the same in writing.

       Provided however that if the licensee/breeder removes or rectifies the
violation/s within 30 days after receipt of notice, after communicating to the
authority that issued the notice that he shall be doing so, and demonstrates the
same to its satisfaction, the license shall not be revoked. If the license is
revoked in terms of this sub-rule, the licensee/breeder shall have the right to
appeal within 30 days of receipt of the letter of revocation, to the
Commissioner of the Local Authority. If he wishes to be heard, he may also
seek personal hearing from the appellate authority, i.e. the Commissioner of
the Local Authority, not later than when he first submits his appeal. After due
notice to the Local Authority, and/or the representative of the Board as the
case may be, and after considering the appeal and the reasons urged by both
parties during the course of the hearing, the appellate authority may either
reject the appeal, or allow the same, with the reasons for his decision set out
in writing. Provided however that if the license had been revoked because the
Local Authority and/or the representative of the Board who inspected the
premises was / were of the view that violations of the requirements of these
Rules, tantamount to or resulting in cruel treatment of the animals, or likely
to, or interfering with, or detrimental in any manner to their welfare, were
being committed, it shall be incumbent upon the appellate authority, i.e. the
Commissioner of the Local Authority, to seek and consider the opinion of the
Chairperson of the Animal Welfare Board of India regarding the issue
involved, before deciding the appeal. Provided further that if the appellate
authority differs with the opinion rendered by the Chairperson of the Animal
Welfare Board of India, he shall set out the reasons for the same in writing
when deciding the appeal.

(2) The Board may require that any dog which was in the offender’s custody
at the time when the offence was committed, or has been in his/her custody
at any time since that time, shall be delivered to a specified person or
organization ; and may also require the offender to pay specified amounts to
specified person / organization for the care of the dog from the time when it
is delivered into his/its custody in pursuance of this rule, until permanent
arrangements are made for its care or disposal.

(3) Penalty for failure to maintain records :- The penalty for failure to
maintain any record/s prescribed or provided for in these Rules shall in the
first instance be a fine of Rs. 1,000/- (Rupees One thousand only) for every
record not maintained in respect of every dog/pup at the
premises/establishment in question. Provided however that after three
instances of violation, i.e. the failure to maintain any record/s prescribed or
provided for in these Rules, detected during the course of three separate
inspections, the Local Authority or the Board may revoke the license issued
to the licensee/breeder, or suspend the same for the duration of a year, after
following the procedure set out in sub-rule (1) of this Rule. Provided further
that a failure to maintain any record/s even after the suspension of license
referred to in this sub-rule, followed by its restoration, shall result in
revocation of license by the Local Authority or the Board, after following
the procedure set out in sub-rule (1) of this Rule.

(4) Local Authority to assist Board : - The Local Authority shall render
every possible assistance to the Board to enable it to give effect to this Rule
in particular, and these Rules in general, including but not limited to the
provision of man-power and all other assistance sought by the Board in
writing.


17.   Applicability of other laws and statutory provisions :

Violations of these Rules shall render breeders/licensees liable to suffer the
consequences / repercussions provided for in other laws and statutory
provisions as well, such as but not limited to the Prevention of Cruelty to
Animals Act, 1960, and the Rules enacted thereunder, the Indian Penal Code,
and municipal laws, bye-laws, rules and regulations, in addition to the
consequences / repercussions provided for in these Rules. Nothing contained
in these Rules shall be construed or interpreted as relaxing or altering or
modifying the requirements specified for adherence in other laws and statutory
provisions.

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Description: Draft Dog Breeding Rules (Awaiting Law Ministry approval) sent on 29-7-2010 to the concerned Ministry, hence OIPA in India and PFA Haryana appeal to the Law Minister of India to expedite the matter - Abhishek Kadyan, Media Adviser to OIPA in India - Ms. Sukanya Kadyan, Director to PFA Haryana.